Former Windsor police Det. David Van Buskirk on Thursday started serving a five-month jail term, which will begin in segregation at Windsor Jail, for assaulting an innocent man two years ago.

The 46-year-old father of two appeared in Superior Court in front of Justice Renee Pomerance to withdraw his appeal of the five-month jail sentence delivered a month ago after he pleaded guilty. He was then taken into custody and less than two hours later appeared in Ontario Court — this time sitting in the prisoner’s box.

Justice A. Ross Webster handed down a second sentence of 30 days, to run concurrently with the five months, for public mischief. Van Buskirk falsely told police that he acted in self-defence when he assaulted Dr. Tyceer Abouhassan in an unprovoked attack.

When asked if he would like to address the court, Van Buskirk replied, “No thank you, your honour.”

Webster said the public has the right to expect that police officers will be held to a higher standard.

On Wednesday the decorated officer of 25 years, who had pleaded guilty to assault causing bodily harm, resigned from the Windsor Police Service.

In an incident captured on security video, Van Buskirk beat Abouhassan — whom he mistook for a man who had spoken inappropriately to the detective’s then 12-year-old daughter at a neighbouring tennis facility — in the parking lot of the Jackson Park Health Centre in April 2010.

“It’s a sad day for him, for his family and I think for the Windsor Police Service, too,” Carroccia said outside court. “But I suppose the matter being resolved, and an end put to it, is a relief.”

Carroccia said Van Buskirk does not yet know what he will do when he gets out. She said typically, inmates serve about two-thirds of their sentences.

She also said Van Buskirk was a successful police officer who put many criminals behind bars and Windsor Jail will have to take special precautions to ensure his safety, including keeping him segregated from most other prisoners.

Abouhassan was not in court, but his Toronto-based lawyer Julian Falconer said afterward that his client considers the sentence appropriate and had particular praise for Crown attorney Philip Perlmutter.

“He feels a sense of satisfaction with what happened today, that an officer who had committed the ultimate breach of trust has been held accountable by a responsible Crown attorney who was diligent and fair,” Falconer said. “I have seen countless examples of Crowns who simply don’t have their heart in it because of the difficult politics that surround prosecuting police officers.”

Falconer, whose client has launched a civil suit against Van Buskirk, said the police still have questions to answer.

“Today is a good day, but it is a bad day for the police service in terms of how it deals with bad cops,” he said, referring to police initially charging Abouhassan with assaulting a police officer. “My client, a law-abiding citizen, was under the jeopardy of criminal charges, having to hire a lawyer to defend himself, when any cursory review of the video would have made it clear those charges were bogus.”

Jason DeJong, president of the Windsor Police Association, said that it was a disappointing day but that Van Buskirk ultimately took responsibility for his actions.

“He has wanted to plead guilty and take responsibility for his actions for some time,” DeJong said. “He’s taking responsibility and he wants to move forward and put this behind him.”

Acting Police Chief Al Frederick said the force will not stand for such action by its officers.

“I would like to again express to the members of our community that I am deeply disappointed and disheartened by the criminal conduct demonstrated by David Van Buskirk while on duty as a member of the Windsor Police Service on April 22, 2010,” Frederick said in a news release.

“Actions such as those of Mr. Van Buskirk during his contact with Dr. Abouhassan cannot — and will not — be tolerated, neither by the leadership of this police service, nor by the decent and dedicated officers who staff it.”

Watch the video below of Lawyer Maria Carroccia talking about the sentence given to Van Buskirk.

Watch the video below of Jason DeJong, president of the Windsor Police Association, reacting to Van Buskirk heading to jail.

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